Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

The Defendant is an employer who runs a wholesale and retail business for sales of telecommunications machinery by ordinarily employing 19 workers as a manager of the 6th floor of the Seo-gu Daejeon building (ju) in Seo-gu, Daejeon.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay the total of KRW 14,364,853, including the wages of KRW 3,000,000 for June 2016, and KRW 2,612,90 for July 27, 2016, as wages of KRW 3,000,000 for April 2016, and KRW 3,000,000 for May 2016, as wages of KRW 2,612,903 for July 2016, as wages of KRW 14,364,853, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 8,702,256 of E’s retirement pay from August 12, 2013 to July 27, 2016, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspect against the defendant;

1. Application of Acts and subordinate statutes to the protocol of private oral statement to E;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.